IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.47567 of 2008
PARMESHWAR RAI & ANR
Versus
STATE OF BIHAR & ANR
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2 28.01.2011 The present application has been filed for
quashing the order of cognizance, dated 23.05.2008
passed in S.C./S.T. Case No. 7 of 2008, whereby the
leaned Chief Judicial Magistrate, Samastipur has taken
cognizance under Sections 341, 323, 504/34 of the
Indian Penal Code and Section 3(X) of the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities)
Act, 1989.
It is contended by Mr. Binod Kumar Singh,
learned counsel for the petitioner that from the
accusation mentioned in the written report no case under
Section 3(1)(X) of the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act is made out.
Moreover the investigation has been done by Sub-
Inspector of police whereas under the act the
investigation ought to have been done by Officer of
Dy.S.P. Rank. Hence, the same has not only vitiated the
charge sheet but also the cognizance order.
2
It is also submitted that the petitioner was
cutting mango tree from his orchard which was
purchased by him. Moreover, the petitioner’s side lodged
the case on 20.01.2008 against the informant and others
and in retaliation the present case has been filed with
false and frivolous allegation.
Considering the aforesaid submission, let the
notice be issued to O.P. No. 2 under ordinary process as
well as under registered cover with A/D for which
requisites etc. must be filed within two weeks.
Let the further proceeding of S.C./S.T. Case
No. 7 of 2008 pending in the court of learned Chief
Judicial Magistrate, Samastipur be stayed.
Bhardwaj ( Dinesh Kumar Singh, J.)